If an injured claimant has filed a lawsuit, and has failed to negotiate a settlement with the defendant’s insurance company, then the disputing parties must await word about a scheduled trial. However, a discovery process must get completed before the scheduling of any trial.
One or more witnesses could appear at a deposition, during a given discovery session. Each of those depositions would function as a place for the exchange of evidence. In addition, each party’s attorney would have a chance to assess any clues, regarding the existence of additional evidence.
The deposition’s principal characteristics
The deposition does not take place in a courtroom. It could take place in a lawyer’s office. A court reporter would record all of the questions and answers; however, none of the answers could be added to a report that would be shared with the jury.
Who might be a witness at a deposition?
Anyone that had gained knowledge of the facts that related to the accident could serve as a witness.
How might an answer from a deposed witness provide a lawyer with unexpected and beneficial information?
• A witness’ testimony might bring new facts to light.
• Presentation of a given case might make one side’s arguments much clearer.
• Furthermore, the credibility, or lack of credibility for a deposed witness could become more obvious.
• The lawyers’ questions could help to expose more details about the accident that gave rise to the unsettled dispute.
• During a later trial, any statements made earlier by a deposed witness could be compared with what the same person said, while on the stand.
What rules govern the proceedings that take place during a deposition?
Both sides have a right to subpoena witnesses; yet not every witness must honor the subpoena. Anyone that had not been given time to respond, or had been asked to travel an unreasonable distance would not have to honor a subpoena for a deposition.
At any depositions, each attorney retains the right to object to any questions, from the other party’s lawyer. Still, because there is no judge present, no one can rule on the objection. Hence, the court reporter notes the objection. There are also some unwritten guidelines for each person that gets deposed. A personal injury lawyer in New Glasgow would share those guidelines with his/her client.
—Never create a barrier between you and the questioner.
—Never cross your arms over your chest; never cross your legs in any manner.
—When looking at the questioner, focus on the region between the nose and the chin; do not stare into the questioner’s eyes.
—Do not be in a hurry to answer the questions; take your time about providing an answer.
—Understand that no witness can be penalized for stating that he/she does not know the answer, or cannot recall a specific fact.
—Be honest; never make up an answer.
—Avoid making any movements that could show that you feel nervous or unsure about your answers.
—Avoid demonstration of repeated hand movements, since those could also act to broadcast nervousness on your part.
